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Home My WebLink About2004-0211 Storm Sewer Transfer to Town - Denton Co. Filing70 2004 00017815 Recorded On: February 11, 2004 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Instrument Number: 2004-17815 As Assignment Parties: TOWN OF TROPHY CLUB To Comment: Assignment Total Recording: 28 .00 28.00 ** Examined and Charged as Follows: ** Billable Pages: 8 Number of Pages: 8 ************THIS PAGE IS PART OF THE INSTRUMENT************ Any provision herein which restricts the Sale , Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law . File Information: Document Number: 2004-17815 Receipt Number: 87010 Recorded Date/Time: February 11, 2004 03:1 OP User I Station: J Morris -Cash Station 1 THE STATE OF TEXAS} COUNTY OF DENTON } Record and Return To: PAMELA LISTON 2801 WEEMS WAY STE B ROWLETT TX 75088 1 hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed heron, and was duly RECORDED In the Official Records of Denton County, Texas. ~ County Clerk Denton County, Texas F!LEO TAR Rt\r;T CTJ:iU TE:'/ S STATE OF TEXAS ) ZOui1 Jf.f! 30 ;:·: :~: 21 COUNTIES OF DENTO ~----- AND TARRANT SU Z!)_:•;.'.::-;. · Please return to: Diane Cockrell , Town Secretary Town of Trophy Club 100 Municipal Drive Tr ophy Club , Texas 76262 NSFER OF STORM SEWER FACILITIES TROPHY CLUB MUNICIPAL UTllJTY DISTRICT NO. 1 of Tarrant and Denton Counties, Texas ("Grantor") for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by THE TOWN OF TROPHY CLUB, TEXAS ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, CONVEYED, AND DELIVERED and by these presents does hereby GRANT, SELL, CONVEY AND DELIVER unto Grantee, its successors and assigns, all capacities, rights, titles, and interests, if any, of Grantor located in the Town of Trophy Club or serving the Trophy Club real estate development in Denton and Tarrant Counties, Texas, including (but not limited to) the particular items listed on Exhibit A, which is attached to and made a part of this instrument for all purposes (all of which are referred to as the "Facilities"), TO HAVE AND TO HOLD the Facilities, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, forever. The Facilities consist of underground storm sewer lines and related rights, titles, and interests that have been in existence and in use for many years as part of the utility system operated by Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No . 2, and Trophy Club Master District, and the intent of the parties and the purpose of this instrument is to convey to Grantee all of the Grantor's interest in such Facilities . TRANSFER OF STORM SEWER FACILITIES Page I of 7 PROVIDED, HOWEVER, the Facilities are conveyed subject to and with exceptions of any rights, titles, and interests of Denton and Tarrant Counties, Texas, and (a) real property ad valorem taxes, standby fees, general and special assessments, and subsequent taxes and assessments for prior years due to change in land usage or ownership; (b) zoning and land use laws, regulations, ordinances of municipal and other governmental authorities; (c) all existing, recorded, valid, and otherwise enforceable covenants, conditions, restrictions, subdivision plats, and other matters of record affecting the Facilities; (d) any ex.isting, valid, and otherwise enforceable easements, rights- of-way, access limitations, licenses, and leases, express or implied, in which the Facilities may be located; (e) any valid prescriptive rights; (f) any rights of parties in possession; (g) matters which could be discovered by an inspection of the Facilities; and (h) matters which would be revealed by a current survey of the Facilities. FURTHER, GRANTEE, BY ITS EXECUTION AND ACCEPTANCE OF DELNERY OF THIS INSTRUMENT, ACKNOWLEDGES AND AGREES THAT (i) GRANTOR HAS NOT MADE, DOES NOT MAKE, AND GRANTOR NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES , COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR llv1PLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, COVERlNG OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY, OR CONDITION OF THE FACILITIES, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE FACILITIES, (C) THE SUITABILITY OF THE FACILITIES FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY TRANSFER OF STORM SEWER FACILITIES Page 2 of 7 CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE FACll.JTIES OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE POSSESSION, HABIT ABILITY, MERCHANT ABILITY, MARKET ABILITY, PROFIT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE FACILITIES, (F) THE MANNER OR QUALITY OF THECONSTRUCTIONORMATERIALS,IFANY,INCORPORATEDINTOTHEFACILITIES, (G) THE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE FACILITIES OR ANY PORTION THEREOF OR ANY IMPROVEMENTS THERETO, (H) THE EXISTENCE, QUALITY, NATURE, ADEQUACY, OR PHYSICAL CONDITION OF ANY UTILITIES SERVING THE FACILITIES, OR (I) ANY OTHER MATTER WITH RESPECT TO THE FACILITIES, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, THE DISPOSAL OR EXISTENCE, IN OR ON THE FACILITIES, OF ANY HAZARDOUS MATERIALS; (ii) GRANTEE HAS INSPECTED THE FACILITIES AND THAT THE CONVEYANCE AND DELIVERY HEREUNDER OF THE FACILITIES IS "AS IS" AND "WITH ALL FAULTS", A1'1D GRANTOR HAS NO OBLIGATION TO ALTER, REPAIR, OR IMPROVE THE FACILITIES OR ANY PORTION THEREOF OR ANY IMPROVEMENTS THERETO; AND (iii) EXCEPT FOR THE GENERAL WARRANTY OF TITLE, SUBJECT AS AFORESAID, NOW ARRANTY IS MADE OR HAS ARISEN THROUGH TRADE, CUSTOM, OR COURSE OF DEALING WITH GRANTOR, AND ALL STATUTORY, COMMON LAW, TRANSFER OF STORM SEWER FACll..ITIES Page 3 of 7 AND CUSTOMARY COVENANTS AND WARRANTIES, IF ANY, OF \VHATEVER KIND, PURPOSE, OR EFFECT, WHETHER EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING UNIFORM COMMERCIAL CODE WARRANTIES, ARE HEREBY EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVED, DISCLAIMED, AND EXCLUDED, NOTWITHSTANDING ANY CUSTOM OR PRACTICE TO THE CONTRARY, OR ANY STATUTORY, COMMON LAW, DECISIONAL, OR CUSTOMARY MEANING, IMPLICATION, OR USE OF ANY TERM OR PROVISION I-IEREIN. It is expressly acknowledged that this transfer does not include any indemnity agreement by Grantor. Notwithstanding anything herein to the contrary, however, nothing herein shall be construed or deemed as an admission by Grantor or Grantee to any third party of the existence, validity, enforceability, scope, or location of any encumbrances, limitations, matters, or other conditions mentioned, disclaimed, or excepted herein, and nothing shall be construed or deemed as a waiver by Grantor or Grantee of its respective rights, if any, but without obligation, to challenge or enforce the existence, validity, enforceability, scope, or location of same against third parties. Grantee hereby assumes the payment of all ad valorem taxes, standby fees, and general and special assessments, if any, of whatever kind and character affecting the Facilities which are due or may become due, for any tax year or assessment period prior or subsequent to the effective date of this instrument, including, without limitation, taxes or assessments becoming due by reason of a change in usage or ownership, or both, of the Facilities . Signed by the parties on the dates indicated by their respective notary acknowledgments below, but to be effective as of January 5, 2004. TRANSFER OF STORM SEWER FACILITIES Page4 of7 L GRANTOR: TROPHY CLUB MUNIC:IT' AL UTILITY DISTRICT NO. 1 Attest: By:~~ ~~ // / -= ..fe'cretary of the Board of Directors Robert G. West Attorney for Trophy Club MUD No . 1 TRANSFER OF STORM SEWER FACILITIES GRANTEE: Attest: By:_fLI~ Town Secretary Approved as to Form: ~-6~~tl1 AJ.4--' -- Patricia Adams City Attorney, Town of Trophy Club, Texas Page 5 of 7 L STATE OF TEXAS ) COUNTY OF ~-ftm ) This instrument was acknowledged before me on J..fu.tht.L/ 2003, byDEANHENRYas President of the Board of Directors of Trophy Club MJniCipal Utility District No. 1, on behalf of said district. [seal] STATE OF TEXAS COUNTY OF DENTON ) ) ~44~ ary Publ"c State of Texas Name Printe . ~ ty ~a ~J2_ Commission Expi es: 1:2, 6 3 / · 5 This instrument was acknow !edged before me on 'i aj2a?( '2J¥¥.!r, by SCOTT SMITH, as MAYOR of THE TOWN OF TROPHY CLUB, a Texas g nerallaw mumc1pahty, on behalf of srud municipality. [seal] H:\STOR\RGW\MUD\STORMSEW\TRANSFER.wpd Please return recorded instrument to : Robert G . West Whitaker Chalk Swindle & Sawyer, LLP 301 Commerce Street, Suite 3500 Fort Worth, TX 76102 TRANSFER OF STORM SEWER FACILITIES f)~~~ Notary Public, sta:t:Zf Texas Name Printed: _b·;ao z__ C CJcK I e._( L Commission Expires : ?:)//?_'7 /;z6::Jcj } Page 6 of 7 L EXHIBIT A DESCRIPTION OF THE FACILITIES All portions of the storm sewer and drainage system within or serving Trophy Club Municipal Utility District No. 1 including (but not limited to) all improvements, storm sewer mains, manholes and associated appurtenances, licenses, operating rights, and all other property therein whether real, personal, or mixed, contract rights used or useful in connection with said storm sewer and drainage systems being conveyed hereby. TRANSFER OF STORM SEWER FACILITIES Page 7 of 7